Acórdão (extrato) n.º 417/2018
Data de publicação | 11 Outubro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 417/2018
Processo n.º 360/18
III - Decisão
13 - Pelos fundamentos expostos, decide-se:
a) Não julgar inconstitucional a interpretação normativa que permite ao tribunal da relação, por força da conjugação do disposto nos artigos 427.º, 428.º e 431.º, alínea b), do Código de Processo Penal, a modificação da decisão do tribunal de júri sobre a matéria de facto, quando esta decisão seja impugnada nos termos do artigo 412.º, n.º 3, do mesmo diploma;
b) Conceder provimento ao recurso interposto pelo Ministério Público e pelo assistente, com a consequente reforma da decisão proferida pelo Supremo Tribunal de Justiça em consonância com o acima decidido.
Sem custas.
Lisboa, 9 de agosto de 2018. - Maria Clara Sottomayor (Com declaração) - Pedro Machete - Fernando Ventura - Catarina Sarmento e Castro - Manuel da Costa Andrade (Com declaração).
Texto integral do Acórdão disponível no sítio eletrónico do Tribunal Constitucional:
http://www.tribunalconstitucional.pt/tc/acordaos/20180417.html?impressao=1
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